Law transpose common law requirements for traditional contracts to accommodate electronic contracting. The Model Law is not intended to alter traditional rules on paper-based communications.176 According to Snail, Cyber Law is a new discipline of law applied on traditional common law requirements.177 Buys defines online contracts as contracts created wholly or in part through communications over computer networks by e-mail, through web sites, via electronic data exchange and other electronic combinations.178 Electronic commerce was born of electronic data interchange and came of age with the popular use of the Internet. 179 2.4.2 Historical background of the Model Law The UNCITRAL Model Law on Electronic Commerce was adopted by the United Nations Commission on International Trade Law in 1996 to promote the harmonization and unification of International Trade Law, and to remove obstacles to international trade caused by inadequacies and divergences in the law affecting trade. 180 The Model Law seeks to address the legal obstacles regarding the validity and the use of data messages.181 Van der Merwe registers this point with a verbatim quote of the guide to enactment of Model Law read with the aim which respectively provides: “…The use of modern means of communication such as electronic mail and electronic Data Interchange (EDI) for the conduct of international trade transactions has been increasing rapidly and is expected to develop further as technical supports such as information highways and the INTERNET become more widely accessible. However, the communication of legally significant information in the form of paperless messages may be hindered by legal obstacles to the use of such messages , or by uncertainty as to their legal effect or validity.”182 The stated aim of the Model law is to facilitate the use of modern means of communications and storage of information. It is based on the establishment of a functional equivalent in electronic media for paper-based concepts such as “writing”, “signature” and 176 The UNCITRAL Guide to Enactment available at www.uncitral.org/pdf/english/texts/electcom/0589450_Ebook.pdf (27 March 2015). 177 Snail (2008: 1 at 5). 178 Buys, R. et al. (2000) “Cyberlaw@SA” 161. 179 Gregory, GD. (2003-2004) “The proposed UNCITRAL convention on Electronic Commerce: UNCITRAL Model Law on Electronic Commerce” 313; Van der Merwe (2008:142). 180 Ahmad (2009: 384). 181 Ahmad (2009: 370). 182 Van der Merwe (2008: 143); The UNCITRAL Guide to Enactment available at www.uncitral.org/pdf/english/texts/electcom/05-89450_Ebook.pdf (27 March 2015). 19